Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding Two Respondents in Default, 9968-9969 [05-3905]

Download as PDF 9968 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices • State Water Resources Control Board, Division of Water Rights, 1001 I Street, 14th Floor, Sacramento, CA 95814, (916) 341–5300 Public Disclosure Statement Comments, including names and home addresses of respondents, will be made available for public review. Individual respondents may request that their home address be withheld from public disclosure, which will be honored to the extent allowable by law. There may be circumstances in which a respondent’s identity may also be withheld from public disclosure, as allowable by law. If you wish to have your name and/or address withheld, you must state this prominently at the beginning of your comment. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Dated: January 7, 2005. Kirk C. Rodgers, Regional Director, Mid-Pacific Region. [FR Doc. 05–3930 Filed 2–28–05; 8:45 am] BILLING CODE 4310–MN–P Dated: February 9, 2005. Connie L. Rupp, Assistant Regional Director—UC Region, Bureau of Reclamation. [FR Doc. 05–3896 Filed 2–28–05; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–486 Enforcement Proceedings] Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Finding Two Respondents in Default International Trade Commission. ACTION: Notice. Bureau of Reclamation Supplemental Environmental Impact Statement on the AB Lateral Hydropower Project in Montrose County, CO Bureau of Reclamation, Interior. ACTION: Notice of cancellation. AGENCY: SUMMARY: The Bureau of Reclamation is canceling plans to prepare a supplemental environmental impact statement (EIS) on the AB Lateral Hydropower Project. The hydropower project planned to use existing facilities of the Uncompahgre Valley Reclamation Project and would have been located in Montrose County, Colorado. The reason for canceling is that the project proponents, including the Uncompahgre Valley Water User’s Association, have elected not to pursue approval of the project at this time. FOR FURTHER INFORMATION CONTACT: Mr. Steve McCall, Chief, Environmental Staff, Bureau of Reclamation, Western Colorado Area Office, 2764 Compass Drive, Suite 106, Grand Junction, Colorado 81506, telephone, (970) 248– 0638. 14:21 Feb 28, 2005 Reclamation filed a final EIS on the project in 1990 and the supplemental EIS was planned to address changes in the project plan and changes in resource evaluations. The primary federal actions on this project would have been execution of a lease of power privilege (a type of contract) with Reclamation and the granting of a Section 404 permit under the Clean Water Act from the U.S. Army Corps of Engineers. AGENCY: DEPARTMENT OF THE INTERIOR VerDate jul<14>2003 SUPPLEMENTARY INFORMATION: Jkt 205001 SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (ID) of the presiding administrative law judge (ALJ) in the above-captioned investigation finding two respondents, Beiqi Foton Motor Co., Ltd. and Shandong Worldbest Shantou Co., Ltd., in default, and to have waived their respective rights to appear, to be served with documents, and to contest the allegations at issue in the investigation. FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., telephone 202–205–3041, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Copies of all nonconfidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 electronic docket (EDIS–ON–LINE) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: On August, 2, 2004, the complainant, CNH America LLC, filed a complaint seeking enforcement proceedings of the limited exclusion order issued in Certain Agricultural Tractors, Inv. No. 337–TA– 486. The complainant asserted that the recipient of the limited order, now known as Beiqi Foton Motor Co., Ltd., continues to export infringing tractors to the United States. Complainant also requested that the Commission modify the limited exclusion order by replacing it with a general exclusion order and various cease and desist orders in order to prevent alleged circumvention of the limited exclusion order. On November 19, 2004, the Commission instituted formal enforcement proceedings to determine whether Beiqi Foton Motor Co. Ltd. and Shandong Worldbest Shantou Co., Ltd., an allegedly related company, are in violation of the Commission’s limited exclusion order issued in the investigation, and what if any enforcement measures are appropriate. The Commission set a seven-month deadline for issuance of the enforcement initial determination by the ALJ and named the following entities as parties to the enforcement proceeding: (1) Complainant CNH America LLC; (2) respondent Beiqi Foton Motor Co., Ltd.; (3) respondent Shandong Worldbest Shantou Co., Ltd.; and (4) a Commission investigative attorney (IA) to be designated by OUII. 69 FR 67757 (Nov. 19, 2004). The Commission subsequently set a target date of November 21, 2005 for completion of the investigation. The complaint was mailed to the two respondents on November 17, 2004, and they were notified in the letter accompanying the complaint that they could be found in default if they failed to respond. When they did not respond, the ALJ issued a show cause order (Order 1E) on December 29, 2004, which required the two respondents to show cause why they should not be found in default. A deadline of January 18, 2005, was set for the respondents to respond to that order. While respondents did not respond to the show cause order, complainant and the IA responded on January 18, 2005, and urged the ALJ to find the two respondents in default. The ALJ issued the subject ID (Order 2E) on February 4, 2005. The ALJ found in the ID that the two respondents did E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 70, No. 39 / Tuesday, March 1, 2005 / Notices not respond to the complaint, notice of investigation, or the order to show cause. Consequently, the ALJ found the respondents in default, and pursuant to Commission Rule 210.16(b)(3), to have waived their right to appear, be served with documents, or contest the allegations in the enforcement complaint. The ALJ also ordered the complainant to file a brief by February 23, 2005, addressing the appropriate enforcement remedy. The ALJ indicated that the IA should file a response to complainant’s brief by March 4, 2005. No petitions for review of the subject ID were filed. This action is taken under the authority of § 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and § 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. Issued: February 23, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–3905 Filed 2–28–05; 8:45 am] BILLING CODE 7020–02–P BILLING CODE 7020–02–P [Investigations Nos. 731–TA–1074 and 1075 (Final)] Certain Circular Welded Carbon Quality Line Pipe From Korea and Mexico International Trade Commission. ACTION: Termination of investigations. AGENCY: SUMMARY: On February 17, 2005, the U.S. Department of Commerce published notice of the termination of its antidumping duty investigations on certain circular welded carbon quality line pipe from Korea and Mexico (70 FR 8071). Accordingly, the Commission gives notice that its antidumping duty investigations concerning such line pipe from Korea and Mexico (Investigations Nos. 731–TA–1074 and 1075 (Final)) are terminated. DATES: Effective Date: February 17, 2005. FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202–205–3187 or via e-mail fred.ruggles@usitc.gov), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special 14:21 Feb 28, 2005 Issued: February 24, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–3904 Filed 2–28–05; 8:45 am] INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–469 (Second Review)] Electroluminescent Flat Panel Displays From Japan INTERNATIONAL TRADE COMMISSION VerDate jul<14>2003 Authority: These investigations are being terminated under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.40 of the Commission’s rules (19 CFR 207.40). Jkt 205001 International Trade Commission. ACTION: Institution of a five-year review concerning the antidumping duty order on electroluminescent flat panel displays from Japan. AGENCY: SUMMARY: The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on electroluminescent flat panel displays from Japan would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; 1 to be assured of consideration, the deadline for responses is April 20, 2005. Comments on the adequacy of responses may be filed with the Commission by May 16, 2005. For further information concerning the conduct of this review 1 No response to this request for information is required if a currently valid Office of Management and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 05–5–113, expiration date June 30, 2005. Public reporting burden for the request is estimated to average 7 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 9969 and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). EFFECTIVE DATE: March 1, 2005. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background. On September 4, 1991, the Department of Commerce issued an antidumping duty order on imports of electroluminescent flat panel displays from Japan (56 FR 43741). Following five-year reviews by Commerce and the Commission, effective April 11, 2000, Commerce issued a continuation of the antidumping duty order on imports of electroluminescent flat panel displays from Japan (65 FR 19360). The Commission is now conducting a second review to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. It will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions. The following definitions apply to this review: (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is Japan. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 70, Number 39 (Tuesday, March 1, 2005)]
[Notices]
[Pages 9968-9969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3905]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-486 Enforcement Proceedings]


Certain Agricultural Tractors, Lawn Tractors, Riding Lawnmowers, 
and Components Thereof; Notice of a Commission Determination Not To 
Review an Initial Determination Finding Two Respondents in Default

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
of the presiding administrative law judge (ALJ) in the above-captioned 
investigation finding two respondents, Beiqi Foton Motor Co., Ltd. and 
Shandong Worldbest Shantou Co., Ltd., in default, and to have waived 
their respective rights to appear, to be served with documents, and to 
contest the allegations at issue in the investigation.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., 
telephone 202-205-3041, Office of the General Counsel, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. Copies of all nonconfidential documents filed in connection with 
this investigation are or will be available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (https://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at https://edis.usitc.gov. Hearing-impaired persons are 
advised that information on the matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On August, 2, 2004, the complainant, CNH 
America LLC, filed a complaint seeking enforcement proceedings of the 
limited exclusion order issued in Certain Agricultural Tractors, Inv. 
No. 337-TA-486. The complainant asserted that the recipient of the 
limited order, now known as Beiqi Foton Motor Co., Ltd., continues to 
export infringing tractors to the United States. Complainant also 
requested that the Commission modify the limited exclusion order by 
replacing it with a general exclusion order and various cease and 
desist orders in order to prevent alleged circumvention of the limited 
exclusion order.
    On November 19, 2004, the Commission instituted formal enforcement 
proceedings to determine whether Beiqi Foton Motor Co. Ltd. and 
Shandong Worldbest Shantou Co., Ltd., an allegedly related company, are 
in violation of the Commission's limited exclusion order issued in the 
investigation, and what if any enforcement measures are appropriate. 
The Commission set a seven-month deadline for issuance of the 
enforcement initial determination by the ALJ and named the following 
entities as parties to the enforcement proceeding: (1) Complainant CNH 
America LLC; (2) respondent Beiqi Foton Motor Co., Ltd.; (3) respondent 
Shandong Worldbest Shantou Co., Ltd.; and (4) a Commission 
investigative attorney (IA) to be designated by OUII. 69 FR 67757 (Nov. 
19, 2004). The Commission subsequently set a target date of November 
21, 2005 for completion of the investigation.
    The complaint was mailed to the two respondents on November 17, 
2004, and they were notified in the letter accompanying the complaint 
that they could be found in default if they failed to respond. When 
they did not respond, the ALJ issued a show cause order (Order 1E) on 
December 29, 2004, which required the two respondents to show cause why 
they should not be found in default. A deadline of January 18, 2005, 
was set for the respondents to respond to that order. While respondents 
did not respond to the show cause order, complainant and the IA 
responded on January 18, 2005, and urged the ALJ to find the two 
respondents in default.
    The ALJ issued the subject ID (Order 2E) on February 4, 2005. The 
ALJ found in the ID that the two respondents did

[[Page 9969]]

not respond to the complaint, notice of investigation, or the order to 
show cause. Consequently, the ALJ found the respondents in default, and 
pursuant to Commission Rule 210.16(b)(3), to have waived their right to 
appear, be served with documents, or contest the allegations in the 
enforcement complaint. The ALJ also ordered the complainant to file a 
brief by February 23, 2005, addressing the appropriate enforcement 
remedy. The ALJ indicated that the IA should file a response to 
complainant's brief by March 4, 2005. No petitions for review of the 
subject ID were filed.
    This action is taken under the authority of Sec.  337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), and Sec.  210.42 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.42).

    Issued: February 23, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-3905 Filed 2-28-05; 8:45 am]
BILLING CODE 7020-02-P
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